Visa Fraud for getting married within 2 months of arrival

[Kez/JWolf 6]

what has 4 months got to do with it????

I am confused....

Kez

[Killer_Clown_2009 0]

"or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS... "

their timeline shows that their K-1 visa took under 4 months to issue.................

[Kez/JWolf 6]

very true...

Kez

[DelcoCouple 1]

"or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS... "

their timeline shows that their K-1 visa took under 4 months to issue.................

Just as an aside time lines on VJ are about as reliable as the answers you get on the "disinformation line" I say this because I filled ours in wrongly and have been unable to edit it to show the correct information, that may or may not be the situation with the OP as well. Maybe the powers that be can tweak the software to allow us to adjust mistakes?

[Gaby&Talbert 1]

It is illegal to cross the border on a travel visa if your intent is for anything other than travel and return. If you are tell them that you are married and you are planning on staying while your papers are processed they can take your travel permission I-94 and if they like they can take your visa and even deport you. It all depends on the officer at the point of entry but ask yourself is it worth the risk?

[ReignVictorious 0]

Yeah so true

[Killer_Clown_2009 0]

Their timeline is in their signature, unless they made a manual error typing in their dates, it took less than 4 months. The VJ timeline function has been fixed up nicely though. I was able to correctly enter my information.

Edited February 9, 2007 by jane2005

[MPGGPM 0]

It is illegal to cross the border on a travel visa if your intent is for anything other than travel and return. If you are tell them that you are married and you are planning on staying while your papers are processed they can take your travel permission I-94 and if they like they can take your visa and even deport you. It all depends on the officer at the point of entry but ask yourself is it worth the risk?

I spoke and discussed that issue with lawyer with a well known and reputable firm in Florida. It was also the second time that issue has been brought up with different lawyers I have spoken with.

They told me that not only is it NOT illegal to do so, it is more common that people think .(this does NOT include however, if you lie about being married at the border IF you are specifically asked........a spouse may be asked that question, they may not).

It is only here on VJ and other forums that for whatever reason, people keep insisting it is illegal.

One point I would like to mention is that the lawyer did say what he would do is have the client wait 60-90 days before any attempt at AOS was done so they wouldn't appear to have entered with immigrant intent.

In his words....it is "risky" to attempt AOS from a tourist visa...EVEN when already married, but not illegal. In fact, the main issue he brought up was that the spouse might not be let into the country to begin with, on a tourist visa, because they are married . (but of course we all know that already

But once in.........it is possible to do AOS. It is just not the "preferred " method.

There are many tidbits of "misinformation" on immigration forums. If I were the OP of this thread, I would consult with a lawyer and get the facts, and not rely on forums. The information here can be helpful, but we are not experts in Immigration law, and you need to speak to a professional with years of experience in the field since your case could be complicated.

I think these forums are more useful when it comes from people's "actual" experience......where we can learn from what they have actually gone through..........and not as useful when it comes to their "conjectures".

[ChristinaM 0]

The trouble is that the 30/60/90 day "rule" is misunderstood by many lawyers also, as was discussed at quite some length on here not so very long ago.

OP - see a lawyer.

[MPGGPM 0]

The trouble is that the 30/60/90 day "rule" is misunderstood by many lawyers also, as was discussed at quite some length on here not so very long ago.

OP - see a lawyer.

This lawyer had 32 years of immigration experience and reputable. He wasn't some newbie lawyer just out of grad school. So, I tend to believe him.

[seldi 1]

.....or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

Oh please get off your high horse, there is nothing inheritently illegal in getting married and adjusting status other ways than by a K visa This myth is perpetuated on VJ time after time.

1) I said MOST. Last time I checked, most, did not apply to ALL. Obviouly, your case is different.

2)Can you please point out where I said that a K visa was the only way to adjust status?

May I suggest that you first learn to interpret what you read before you attempt to engage in an argument?

I said SUGGEST.

[Kez/JWolf 6]

.....or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

Oh please get off your high horse, there is nothing inheritently illegal in getting married and adjusting status other ways than by a K visa This myth is perpetuated on VJ time after time.

1) I said MOST. Last time I checked, most, did not apply to ALL. Obviouly, your case is different.

2)Can you please point out where I said that a K visa was the only way to adjust status?

May I suggest that you first learn to interpret what you read before you attempt to engage in an argument?

I said SUGGEST.

Your statement implies that the OP is not doing things the Legal way.... and they are...

Kez

[seldi 1]

.....or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

Oh please get off your high horse, there is nothing inheritently illegal in getting married and adjusting status other ways than by a K visa This myth is perpetuated on VJ time after time.

1) I said MOST. Last time I checked, most, did not apply to ALL. Obviouly, your case is different.

2)Can you please point out where I said that a K visa was the only way to adjust status?

May I suggest that you first learn to interpret what you read before you attempt to engage in an argument?

I said SUGGEST.

Your statement implies that the OP is not doing things the Legal way.... and they are...

Kez

When did visa fraud and illegally living in the US for 2 years become legal? Do tell!

Edited February 12, 2007 by seldi

[Kez/JWolf 6]

The Op was inspected at POE so is eligable to file for AOS... any overstay is forgiven if you are married to a USC..... it is for the interviewing officer to decided if there was any mis-representation at the POE... in most cases someone filing for AOS from a tourist visa is not even asked about what they told the CPB officer on entry... and therefore the OP has not broken any law...

Kez